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A354, R402, H3700
STATUS INFORMATION
General Bill
Sponsors: Reps. Clemmons and Harrison
Document Path: l:\council\bills\ms\7332ahb05.doc
Introduced in the House on March 3, 2005
Introduced in the Senate on May 3, 2005
Last Amended on May 25, 2006
Passed by the General Assembly on June 1, 2006
Governor's Action: June 9, 2006, Signed
Summary: Matters between landlord and tenant must be tried where subject matter or some part of property is situated
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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3/3/2005 House Introduced and read first time HJ-18
3/3/2005 House Referred to Committee on Judiciary HJ-18
4/13/2005 House Committee report: Favorable Judiciary HJ-3
4/14/2005 Scrivener's error corrected
4/19/2005 House Requests for debate-Rep(s). Coates, Cobb-Hunter,
Funderburk, Howard, JH Neal, Clemmons, Ott,
Rutherford, Sinclair, JR Smith, Duncan, and Leach HJ-26
4/27/2005 House Requests for debate-Rep(s). Witherspoon and Hardwick
HJ-164
4/27/2005 House Read second time HJ-166
4/27/2005 House Roll call Yeas-101 Nays-3 HJ-166
4/28/2005 House Read third time and sent to Senate HJ-28
5/3/2005 Senate Introduced and read first time SJ-23
5/3/2005 Senate Referred to Committee on Judiciary SJ-23
5/9/2005 Senate Referred to Subcommittee: Martin (ch), Malloy, Campsen,
Williams
5/24/2006 Senate Committee report: Favorable with amendment Judiciary
SJ-15
5/25/2006 Senate Amended SJ-155
5/31/2006 Senate Read second time SJ-135
5/31/2006 Senate Unanimous consent for third reading on next legislative
day SJ-135
6/1/2006 Senate Read third time and returned to House with amendments
SJ-40
6/1/2006 House Concurred in Senate amendment and enrolled HJ-54
6/7/2006 Ratified R 402
6/9/2006 Signed By Governor
6/16/2006 Copies available
6/16/2006 Effective date 06/09/06
6/23/2006 Act No. 354
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
3/3/2005
4/13/2005
4/14/2005
5/24/2006
5/25/2006
(A354, R402, H3700)
AN ACT TO AMEND SECTION 15-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTIONS WHICH MUST BE TRIED WHERE THE SUBJECT MATTER IS SITUATED, SO AS TO ADD THAT ALL MATTERS BETWEEN LANDLORD AND TENANT MUST BE TRIED WHERE THE SUBJECT MATTER OR SOME PART OF THE PROPERTY IS SITUATED; AND TO AMEND SECTION 15-79-120, RELATING TO REQUIRED MEDIATION IN A MEDICAL MALPRACTICE ACTION, SO AS TO PROVIDE THAT IN ADDITION TO BINDING ARBITRATION, THE PARTIES ALSO MAY AGREE TO NONBINDING ARBITRATION, EARLY NEUTRAL EVALUATION, OR OTHER FORMS OF ALTERNATIVE DISPUTE RESOLUTION.
Be it enacted by the General Assembly of the State of South Carolina:
Civil actions, venue, landlord and tenant actions
SECTION 1. Section 15-7-10 of the 1976 Code is amended to read:
"Section 15-7-10. An action for the following causes must be tried in the county in which the subject of the action or some part of the property is situated, subject to the power of the court to change the place of trial in certain cases as provided in Section 15-7-100:
(1) for the recovery of real property or of an estate or interest in real property, for the determination in any form of the right or interest, and for injuries to real property;
(2) for the partition of real property;
(3) for the foreclosure of a mortgage of real property;
(4) for the recovery of personal property distrained for any cause; and
(5) for all matters between landlord and tenant pursuant to Chapters 33 through 40 of Title 27 including, but not limited to, an action for (a) possession of land, (b) payment or collection of rent including collection of rent by distraint on a tenant's property, or (c) damage to or destruction of rental property."
Savings clause
SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
Civil actions, medical malpractice actions, mediation and arbitration
SECTION 3. Section 15-79-120 of the 1976 Code, as added by Act 32 of 2005, is amended to read:
"Section 15-79-120. At any time before a medical malpractice action is brought to trial, the parties shall participate in mediation governed by procedures established in the South Carolina Circuit Court Alternative Dispute Resolution Rules in effect at the time for the State or any portion of the State. Parties may also agree to participate in binding arbitration, nonbinding arbitration, early neutral evaluation, or other forms of alternative dispute resolution."
Time effective
SECTION 4. This act takes effect upon approval by the Governor.
Ratified the 7th day of June, 2006.
Approved the 9th day of June, 2006.
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